Transgender Persons Amendment Bill 2026:
The Ministry of Social Justice and Empowerment has introduced the Transgender Persons (Protection of Rights) Amendment Bill, 2026, that proposes major changes to the Transgender Persons (Protection of Rights) Act, 2019.
- Transgender activists fear the amendments aim to rewrite the legal framework for transgender rights in India, overriding the Supreme Court’s landmark National Legal Services Authority v. Union of India, 2014 judgment.
Key Changes Proposed in the Transgender Persons (Protection of Rights) Amendment Bill, 2026:
- The 2026 Bill removes Section 4(2) of the 2019 Act, which enshrined the right to self-identify as a transgender person. The government argues the original definition was “vague” and made it difficult to identify the “genuinely oppressed” beneficiaries.
- The government is also of the view that the existing definition renders numerous criminal, civil, and personal laws “unworkable” and is “not compatible” with various statutory provisions. The legislation’s intended purpose was never to protect every class of persons with diverse gender identities, self-perceived sex/gender identities, or gender fluidities.
- The definition of a ‘transgender person’ is significantly narrowed. It primarily recognizes those with specific socio-cultural identities (like kinner, hijra, aravani and jogta) or persons with a specified, medicalised list of congenital biological variations (chromosomal patterns, gonadal development, etc).
- It proposes that transgender persons can change their first names on birth certificates and ID documents. However, for this, individuals must meet the newly proposed statutory definition of a “transgender person”.
- It replaces the administrative process for identity cards with a Medical Board (headed by a Chief Medical Officer). This board’s recommendation is now mandatory for the District Magistrate to consider before issuing a certificate of identity.
- Representatives on the National Council for Transgender Persons from States/UTs must now hold a minimum rank of Director in the relevant Ministry or Department, indicating a push for higher-level bureaucratic oversight.
- The Bill introduces a distinct category to address the “coerced” assumption of transgender identity. It penalizes the act of compelling a person (through force, deceit, or allurement) to undergo procedures like emasculation or hormonal changes to assume a transgender identity.
- The bill introduces stringent penalties:
- Kidnapping an adult to force a transgender identity can lead to minimum 10 years of rigorous imprisonment (RI), extendable to life.
- The same offence against a child mandates RI for life and a minimum fine of Rs 5 lakh.
- Forcing an adult into begging or bonded labour as a transgender person invites 5-10 years RI. The same offence against a child attracts 10-14 years RI.
